Ex parte GURGANUS et al. - Page 4

          Appeal No. 95-1100                                                          
          Application 07/928,071                                                      

          second vinyl chloride polymer and a plasticizer.                            
          Specifically, see the  reference at column 1, line 61, through              
          column 2, line 10.  There is no express disclosure in                       
          Matsumoto, however, regarding the properties of gel content,                
          inherent viscosity, and porosity for the vinyl chloride resins              
          described.  In the Answer, the examiner argues that                         
          Matsumoto’s first vinyl chloride resin described at column 2,               
          line 47, through column 3, line 60, has a high gel content                  
          while Matsumoto’s second vinyl chloride resin disclosed at                  
          column 4, lines 40 through 52, has a low or no gel content,                 
          and appellants have not challenged the examiner’s factual                   
          determinations with respect to the gel content of these prior               
          art polyvinyl chloride materials.                                           
                    Implicitly acknowledging that Matsumoto contains no               
          express disclosure of the properties of inherent viscosity and              
          porosity for the described vinyl chloride resins, the examiner              
          contends that it is proper to shift the burden to the                       
          appellants “when the Examiner cannot determine whether or not               
          the reference product inherently possesses the properties                   
          which render obvious the claimed product but has a basis for                


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